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Committee of Adjustment

Committee of Adjustment

The Committee of Adjustment is unique in that it is a quasi-judicial body which makes decisions on certain applications under the Planning Act. Council appoints the Committee which is made up of two members of Council and three Township residents.

SINCE THE COMMITTEE BASES ITS DECISION ON THE INFORMATION PRESENTED AT A HEARING, A COMMITTEE MEMBER IS DISQUALIFIED BY HAVING ADDITIONAL INFORMATION. AS SUCH, COMMITTEE MEMBERS CANNOT BE CONTACTED REGARDING COMMITTEE OF ADJUSTMENT MATTERS.

The Committee is authorized by the Planning Act to consider applications for:

Minor Variances from the provisions of the Comprehensive Zoning By-law.

Extensions, enlargements of variations of an existing legal non-conforming use.

Consents for land division including: creation of a new lot, adding land to an existing lot, obtaining a right of way over land.

The Committee generally meets every month to hear up to 11 applications. For an application to be heard, complete applications must be received at least 30 days prior to a Hearing date provided that Hearing date is not full. The Committee meetings are open to the public and anyone may speak to Committee regarding a particular application. The applicant and / or agent is to attend the Hearing. In the event a representative does not attend, the Committee may adjourn the hearing or consider the application without input from the applicant or agent. The Committee members listen to submissions and advice from the Planning Department, and make their decision based on the material presented at each Hearing. Committee may also adjourn a Hearing to require further clarification or information.

Minor Variances
Under the Planning Act, zoning by-laws regulate the use of land and buildings, location of structures, density, height of structures and parking, amongst other matters. Zoning by-laws implement Official Plan policies and ensure orderly development with limited environmental impacts.

At times, however, it is not always possible to meet all requirements of the zoning bylaw. This may be due to terrain constraints or pre-existing development. In such cases, a minor variance can be applied for. This permits a slight adjustment to the requirements.

For Committee to approve this type of application, the members must be satisfied the proposal:

Meets the intent of the Official Plan,

Meets the intent of the Zoning By-law,

Is appropriate development for the property,

Is “minor” in nature.

Land Division (Severance / Consent)
Under the Planning Act, any interest in land conveyed to another person requires approval. This may include the creation of a new lot, an addition to a lot, or the granting of a right of way over a property in favour of another property.

In evaluating such applications, Committee must consider:

Conformity with the Official Plan.

Appropriateness of the size and configuration of the proposed lot.

Ability of the property to be serviced.

Terrain constraints.

Impact on neighbouring properties.

Consistency of decisions.

Committee grants conditional approval of which conditions must be fulfilled within one year. Ultimately a survey is completed and a deed is stamped by the Secretary-Treasurer. Once the deed is registered, the new lot is created or the right of way is in effect.

Legal Non-Conforming Uses
Legal non-conforming uses are uses which existed at the time of the passing of a Comprehensive Zoning By-law but no longer conform to the uses permitted in the zone. The by-law does not permit any expansion or alteration of the building containing the use unless approval is obtained from Committee. In such cases, Committee must be satisfied that:

The use was permitted before the current zoning by-law was approved.

The non-conforming use has continued uninterrupted since that time.

Impacts are minimal.

In the case of a change in use, that the proposed use is similar to or more like
new uses permitted by the zoning by-law